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Ex-CJ Nasirul Mulk is consensus caretaker

May 29, 2018

Asim Yasin *** Muhammad Saleh Zaafir***Moayyed Jafri

ISLAMABAD: Former chief justice of Pakistan Justice (R) Nasirul Mulk was named caretaker prime minister on Monday to hold free, fair and transparent elections in the country scheduled on July 25.

The caretaker prime minister is expected to take oath of the office on Friday, June 1, following the completion of constitutional tenure of the present government. The consensus was reached between Prime Minister Shahid Khaqan Abbasi and Opposition Leader in the National Assembly Syed Khursheed Shah in a meeting during which Speaker National Assembly Sardar Ayaz Sadiq played a vital role to break the deadlock on the name of caretaker prime minister.

This was the sixth meeting between the two, with the previous five ending in a deadlock. “Justice (R) Nasirul Mulk will take reigns as caretaker premier,” said Khursheed Shah while addressing a press conference along with Prime Minister Abbasi and Speaker Ayaz Sadiq. The prime minister had asked the opposition leader to announce the name of Justice (R) Nasirul Mulk.

Prime Minister Abbasi said consensus on the name of the caretaker prime minister is a milestone in the journey of democracy in the country. “The decision to pick a consensus personality was not easy one, but finally we have been able to nominate a person against whom no one can point an accusing finger,” he said.

The premier thanked the NA speaker for facilitating the process "in a constitutional manner" and for playing a role in developing a consensus. Khursheed Shah said it was a historic day as there were speculations that politicians and the Parliament were not capable of taking decisions on their own.

“All those considered during consultative process were respectable and credible names but Nasirul Mulk has been chosen on merit,” he said. He hoped that the consensus nominee would give free and fair elections to the country. “"We are happy that the government was able to complete its five-year term," he said.

Khursheed said Nasirul Mulk played a historic role in the judiciary when he was a lawyer. He said he was hopeful that Nasirul Mulk will successfully conduct free, fair and impartial elections in Pakistan on July 25.

Ayaz Sadiq congratulated Nasirul Mulk on his nomination as caretaker prime minister. The speaker said that Nasirul Mulk is an eminent jurist of the country. He said his nomination by all parliamentary parties shows their trust in his personality.

It was earlier reported that the government had suggested the names of Nasirul Mulk, retired Justice Tassaduq Hussain Jillani -- also a former chief justice -- and former State Bank governor Dr Shamshad Akhtar, while the PPP had said, in the event that the matter went to a parliamentary committee, that it would propose the names of former Pakistan Cricket Board (PCB) chairman Zaka Ashraf and former ambassador to the United States Jalil Abbas Jilani.

In 2015, Nasirul Mulk put his gavel away after a 13-month long stint as head of the country’s superior judiciary. During his short tenure, Nasirul Mulk has given four historical judgments, which have strengthened democracy in the country. Senior lawyers appreciated his role during the 2014 sit-ins by the PAT and PTI on Islamabad’s Constitution Avenue.

Justice Nasirul Mulk was also heading the bench that had rejected the plea to disqualify Nawaz Sharif for lying on the floor of the National Assembly. He was also head of Judicial Commission that probed the PTI’s rigging allegations in the 2013 elections. The commission had given multiple recommendations to the Election Commission Pakistan (ECP) for ensuring fair and transparent elections. Justice Mulk, along with two other fellow judges, accepted the task of probing rigging claims in the last general elections. All the major parties praised his conduct during the proceedings of the inquiry commission. After spending 86 days, Justice Mulk rejected the rigging allegations.

Justice (R) Nasirul Mulk was born on August 17, 1950 in Mingora, Swat. He completed his degree of Bar-at-Law from Inner Temple London and was called to the Bar in 1977. His father, Kamran Khan, was a businessman known for his philanthropic work in Swat. Mulk is fond of playing golf and is often seen taking a walk in the Margalla Hills. The now-retired Mulk practised as an advocate in all fields of law for more than 17 years until his elevation as a judge of the Peshawar High Court (PHC). He remained PHC chief justice for some time before his elevation as a judge of the Supreme Court. When he took oath as the 22nd CJP in 2014, members of the legal fraternity said the appointment would bring honour, dignity and grace.

In Lahore, the ruling PML-N and the opposition PTI on Monday agreed to appoint former chief secretary Nasir Saeed Khosa as the caretaker chief minister for the upcoming general elections.

The decision was announced at a joint press conference by Shahbaz Sharif, the outgoing chief minister, and Leader of Opposition Mehmood-ur-Rasheed. Earlier, the consensus over the name was developed at a meeting after they had discussed the proposed names with PTI chief Imran Khan and PML-N supremo Nawaz Sharif.

It is rather interesting that the name of Nasir Khosa was proposed by the PTI despite the fact that the incumbent has a history of working very closely with the PMLN and being entrusted with very important positions by Nawaz Sharif’s party.

Nasir Khosa belongs to the 6th Common of the Pakistan Civil Service and was appointed as the deputy commissioner in 1997 and later promoted to the position of commissioner Lahore in 1998 when Shahbaz Sharif was the chief minister.

As prime minister in 2007, Yousaf Raza Gillani appointed Nasir Khosa as the Balochistan chief secretary Balochistan. But the following year, he was brought back to serve under Shahbaz as the head Punjab’s bureaucracy.

He served as the Punjab chief secretary for three years.After being elected prime minister in 2013, Nawaz appointed Nasir Khosa as the principal secretary to the prime minister. However, the PML-N government later decided to nominate him as an executive director of the World Bank. He replaced Raja Azeem-ul-Haq, son-in-law of former premier Raja Pervaiz Ashraf.

Nasir Khosa is a brother of former FIA DG Tariq Khosa and Supreme Court’s senior judge Asif Saeed Khosa.The PTI had proposed the two names – former chief secretary Kamran Rasool and Nasir Khosa – for the top caretaker position in the province. The names suggested by the ruling party were Justice (retd) Sair Ali and former IGP Tariq Saleem Dogar.

Justice (retd) Sair Ali had served as a judge in both Supreme Court and Lahore High Court as chief election commissioner in Pakistan Cricket Board (PCB). He also played a role in lawyers’ movement. Dogar has served as the Punjab IGP. His father Chaudhry Muhammad Hussain Dogar was a district and sessions judge. He did his graduation and master’s (English Literature) from the Government College Lahore (now GCU) and LLB from the Punjab University. He joined the PSP in 1977 after passing the CSS exam. He served as SSP Lahore, DIG Lahore, CCPO Lahore, Commandant Elite Force and Director General Anti-Corruption Establishment. Subsequently in April 2009, he was elevated to the top post of IGP Punjab. After his retirement, he was appointed a member of Punjab Public Service Commission.

The PTI Chairman Imran Khan congratulated Nasirul Mulk on his appointment as caretaker prime minister.

“Want to congratulate Justice (R) Nasirul Mulk on being appointed caretaker PM,” the PTI chairman tweeted. The PTI Secretary Information Fawad Chaudhry said Nasirul Mulk was a suitable choice for caretaker PM.

“Justice (R) Nasirul Mulk is a respectable name of the country and is a suitable choice for the slot of caretaker PM,” Fawad said. The PkMAP Chairman Mahmood Khan Achakzai termed the nomination of Nasirul Mulk as a good omen.

Achakzai said Nasirul Mulk is a man of good character who will conduct clean and transparent elections in the country. JI ameer Senator Sirajul Haq has welcomed the nomination of justice (Retd) Nasirul Mulk as caretaker prime minister and hoped he would ensure fair, free and transparent elections.

Talking to different delegations at Mansoora on Monday, Sirajul Haq said the forthcoming elections would be a test for the masses as they could either change their own fate and the fate of the country through their vote or bring the plunderers to power once again. He said the old political players who had destroyed the country in every sphere, were reorganising themselves in a bid to deceive the masses with new banners and slogans but the general public recognised them very well and would not be deceived by them.

He said the foremost responsibility of the caretaker prime minister was to hold elections in a free and fair atmosphere. He said if Nasirul Mulk was successful in discharging his duties in the best possible manner, the nation would be highly indebted to him. He said different mafias had been in power in the country for the last seventy years. He said it was the responsibility of the political parties not to provide shelter to these thugs and plunderers as this was the only way to weed out corruption from the homeland.

Sirajul Haq said 2018 elections would be a contest between the tools of the international establishment, the liberals and secular elements and the religious forces striving for the Nizam-e-Mustafa. He said that ninety per cent of the people of the country desired the rule of the Shariah. He was confident that the MMA would be able to pool together the religious vote and secure a big victory in the polls.